This is the status and position of the regulations in the village

Law Number 12 of 2011 concerning the Establishment of Laws and Regulations does not explicitly regulate village regulations or regulations issued by the village head or the level and where the regulations are delayed.

Although Law 12/2011 does not explicitly regulate village regulations, it does not mean that Law 12/2011 does not recognize village regulations as laws and regulations. The Village Regulation is still recognized as a legislation based on the provisions of Article 8 of Law 12/2011 which reads:

(1) Types of laws and regulations in addition to Article 7 paragraph (1) include regulations stipulated by the People’s Consultative Assembly, the House of Representatives, the Regional Representative Council, the Supreme Court, the Constitutional Court, the Supreme Audit Board, Regent/Mayor, Village Head or Level.

(2) The legislation as referred to in paragraph (1) is recognized by its existence and has a binding legal force as long as it is ordered by a higher laws and regulations or formed based on authority.

So, village regulations or regulations issued by the village head or the same level are still recognized and have binding legal force. Further explanation about the Village Regulation you can refer to in the article on the status of the Village Regulation after the enactment of Law No. 12/2011.

Where is the village regulation promulgated?

To answer this, we refer to Article 84 of Government Regulation Number 43 of 2014 concerning Regulation of Implementation of Law Number 6 of 2014 concerning Village (“PP 43/2014”):

(1) The village regulation draft that has been mutually agreed upon by the Head of the Village Consultative Body to the Village Head to be determined to be a village regulation no later than 7 (seven) days from the date of the agreement.

(2) The Village Regulation Draft as referred to in paragraph (1) must be determined by the Village Head by putting a signature no later than 15 (fifteen) days from the receipt of the Village Regulation Draft from the Head of the Village Consultative Body.

(3) Village regulations have been declared valid and have a binding legal force since promulgated in the village sheet and village news by the Village Secretary.

(4) Village Regulations that have been enacted as referred to in paragraph (3) are submitted to the Regent/Mayor as material for guidance and supervision no later than 7 (seven) days after being enacted.

(5) Village regulations must be disseminated by the village government.